7 LONG TITLE
8 General Description:
9 This bill modifies provisions related to the closure of a charter school.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends provisions related to the closure of a charter school;
13 ▸ amends a charter school authorizer's duties;
14 ▸ grants rulemaking authority to the State Board of Education; and
15 ▸ makes technical and conforming changes.
16 Money Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 53A-1a-502.5, as last amended by Laws of Utah 2014, Chapter 406
23 53A-1a-504, as last amended by Laws of Utah 2015, Chapter 389
24 53A-1a-510.5, as last amended by Laws of Utah 2014, Chapter 363
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 53A-1a-502.5 is amended to read:
28 53A-1a-502.5. Approval of increase in charter school enrollment capacity.
29 (1) For the purposes of this section:
30 (a) "High growth area" means an area of the state where school enrollment is
31 significantly increasing or projected to significantly increase.
32 (b) "Next school year" means the school year that begins on or after the July 1
33 immediately following the end of a general session of the Legislature.
34 (2) The State Board of Education may approve an increase in charter school enrollment
35 capacity [
36 (a) appropriating funds for an increase in charter school enrollment capacity in the next
37 school year; or
38 (b) authorizing an increase in charter school enrollment capacity in the school year
39 immediately following the next school year.
40 (3) In appropriating funds for, or authorizing, an increase in charter school enrollment
41 capacity, the Legislature shall provide a separate appropriation or authorization of enrollment
42 capacity for a charter school proposed and approved in response to a request for applications
43 issued under Section 53A-1a-501.9.
44 (4) (a) A charter school may annually submit a request to the State Board of Education
45 for an increase in enrollment capacity in the amount of .25 times the number of students in
46 grades 9 through 12 enrolled in an online course in the previous school year through the
47 Statewide Online Education Program.
48 (b) A charter school shall submit a request for an increase in enrollment capacity
49 pursuant to Subsection (4)(a) on or before October 1 of the school year for which the increase
50 in enrollment capacity is requested.
51 (c) The State Board of Education shall approve a request for an increase in enrollment
52 capacity made under Subsection (4)(a) subject to the availability of sufficient funds
53 appropriated under Section 53A-1a-513 to provide the full amount of the per student allocation
54 for each charter school student in the state to supplement school district property tax revenues.
55 (d) An increase in enrollment capacity approved under Subsection (4)(c) shall be a
56 permanent increase in the charter school's enrollment capacity.
57 (5) (a) On or before January 1, 2017, in accordance with Title 63G, Chapter 3, Utah
58 Administrative Rulemaking Act, the State Board of Education shall, after Ĥ→ [
58a considering suggestions from ←Ĥ
59 charter school authorizers, make rules establishing requirements, procedures, and deadlines for
60 an expansion of a charter school.
61 (b) The rules described in Subsection (5)(a) shall include rules related to:
62 (i) an expansion of a charter school when another charter school issues a notice of
63 closure; and
64 (ii) the establishment of a satellite campus.
66 school enrollment capacity that is tentatively approved by the State Board of Education, the
67 State Board of Education shall prioritize the tentatively approved schools and expansions based
68 on approved funds.
69 (b) A charter school or expansion that is tentatively approved, but not funded, shall be
70 considered to be tentatively approved for the next application year and receive priority status
71 for available funding.
73 an increase in charter school enrollment capacity for new charter schools and expanding charter
74 schools, the State Board of Education shall give:
75 (i) high priority to approving a new charter school or a charter school expansion in a
76 high growth area; and
77 (ii) low priority to approving a new charter school or a charter school expansion in an
78 area where student enrollment is stable or declining.
79 (b) An applicant seeking to establish a charter school in a high growth area may elect
80 to not receive high priority status as provided in Subsection [
81 Section 2. Section 53A-1a-504 is amended to read:
82 53A-1a-504. Charter school application -- Applicants -- Contents.
83 (1) (a) An application to establish a charter school may be submitted by:
84 (i) an individual;
85 (ii) a group of individuals; or
86 (iii) a nonprofit legal entity organized under Utah law.
87 (b) An authorized charter school may apply under this chapter for a charter from
88 another charter school authorizer.
89 (2) A charter school application shall include:
90 (a) the purpose and mission of the school;
91 (b) except for a charter school authorized by a local school board, a statement that,
92 after entering into a charter agreement, the charter school will be organized and managed under
93 Title 16, Chapter 6a, Utah Revised Nonprofit Corporation Act;
94 (c) a description of the governance structure of the school, including:
95 (i) a list of the governing board members that describes the qualifications of each
96 member; and
97 (ii) an assurance that the applicant shall, within 30 days of authorization, provide the
98 authorizer with the results of a background check for each member;
99 (d) a description of the target population of the school that includes:
100 (i) the projected maximum number of students the school proposes to enroll;
101 (ii) the projected school enrollment for each of the first three years of school operation;
103 (iii) the ages or grade levels the school proposes to serve;
104 (e) academic goals;
105 (f) qualifications and policies for school employees, including policies that:
106 (i) comply with the criminal background check requirements described in Section
108 (ii) require employee evaluations; and
109 (iii) address employment of relatives within the charter school;
110 (g) a description of how the charter school will provide, as required by state and federal
111 law, special education and related services;
112 (h) for a public school converting to charter status, arrangements for:
113 (i) students who choose not to continue attending the charter school; and
114 (ii) teachers who choose not to continue teaching at the charter school;
115 (i) a statement that describes the charter school's plan for establishing the charter
116 school's facilities, including:
117 (i) whether the charter school intends to lease or purchase the charter school's facilities;
119 (ii) financing arrangements;
120 (j) a market analysis of the community the school plans to serve;
121 (k) a capital facility plan;
122 (l) a business plan;
123 (m) other major issues involving the establishment and operation of the charter school;
125 (n) the signatures of the governing board members of the charter school.
126 (3) A charter school authorizer may require a charter school application to include:
127 (a) the charter school's proposed:
128 (i) curriculum;
129 (ii) instructional program; or
130 (iii) delivery methods;
131 (b) a method for assessing whether students are reaching academic goals, including, at
132 a minimum, participation in the Utah Performance Assessment System for Students under
133 Chapter 1, Part 6, Achievement Tests;
134 (c) a proposed calendar;
135 (d) sample policies;
136 (e) a description of opportunities for parental involvement;
137 (f) a description of the school's administrative, supervisory, or other proposed services
138 that may be obtained through service providers; or
139 (g) other information that demonstrates an applicant's ability to establish and operate a
140 charter school.
146 Section 3. Section 53A-1a-510.5 is amended to read:
147 53A-1a-510.5. Charter school closure.
148 (1) If a charter school is closed for any reason, including the termination of a charter in
149 accordance with Section 53A-1a-510 or the conversion of a charter school to a private school,
150 the provisions of this section apply.
153 (2) A decision to close a charter school is made:
154 (a) when a charter school authorizer approves a motion to terminate described in
155 Subsection 53A-1a-510(2)(c);
156 (b) when the State Board of Education takes final action described in Subsection
157 53A-1a-510(2)(d)(ii); or
158 (c) when a charter school provides notice to the charter school's authorizer that the
159 charter school is relinquishing the charter school's charter.
160 (3) (a) No later than 10 days after the day on which a decision to close a charter school
161 is made, the charter school shall:
162 (i) provide notice to the following, in writing, of the decision:
164 school's authorizer;
167 Board of Education;
170 (F) the charter school's lease holders;
171 (G) the charter school's bond issuers;
172 (H) other entities that may have a claim to the charter school's assets;
174 schools located in that school district[
175 (J) any other person that the charter school determines to be appropriate; and
176 (ii) post notice of the decision on the Utah Public Notice Website, created in Section
178 (b) The [
179 (i) the proposed date of the charter school closure;
180 (ii) the charter school's plans to help students identify and transition into a new school;
182 (iii) contact information for the charter school during the transition.
186 (4) After a decision to close a charter school is made, the closing charter school shall:
190 (i) an office;
191 (ii) hours of operation; [
192 (iii) operational telephone service with voice messaging stating the hours of operation;
194 (iv) a designated individual to respond to questions or requests during the hours of
197 transition to closure and for a period following closure of the charter school as specified by the
198 charter school's authorizer;
200 immediately after the decision to close is made;
203 and assets that are security interests[
210 (5) The closing charter school's authorizer shall oversee the closing charter school's
211 compliance with Subsection (4).
212 (6) (a) A closing charter school shall return any assets remaining, after all liabilities
213 and obligations of the closing charter school are paid or discharged, to the closing charter
214 school's authorizer.
216 market value or assign the assets to another public school.
219 (7) The closing charter school's authorizer shall oversee liquidation of assets and
220 payment of debt in accordance with board rule.
222 (a) comply with all state and federal reporting requirements; and
223 (b) submit all documentation and complete all state and federal reports required by [
224 the closing charter school's authorizer or the State Board of Education , including documents to
225 verify [
226 and satisfaction of all financial issues.
228 dissolution is complete, the authorizer shall ensure that a final audit of the charter school is
231 Utah Administrative Rulemaking Act, the State Board of Education [
232 Ĥ→ [
232a rules that:
233 (a) provide additional closure [
235 (b) establish a charter school closure process.